The First Department, in a full-fledged opinion by Justice Friedman, over a full-fledged dissenting opinion by Justice Gische, determined the board of managers of a condominium was liable under the Labor Law for plaintiff’s elevation-related injury in a common area (the boiler room), not the sponsor which still owned several unsold condominium units:
While defendant 41 West 72 LLC acquired the building in question by a deed recorded in January 2001, several months later, in August 2001, 41 West 72 LLC made the building subject to the Condominium Act (Real Property Law, article 9-B) by executing and filing a declaration of condominium pursuant to Real Property Law § 339-f … . The declaration defines the common elements of the condominium (Real Property Law § 339-e[2]) to include the building’s boiler room. As a common element of the condominium, the boiler room was, at the time of plaintiff’s accident, owned collectively by all of the owners of the building’s 130 units … . However, the conversion of the building to a condominium placed its common elements “solely under the control of the [condominium’s] board of managers” pursuant to the Condominium Act, which “recogni[zes] that the board exercises exclusive control over the common elements” … . Jerdonek v 41 W. 72 LLC, 2016 NY Slip Op 05666, 1st Dept 7-28-16
LABOR LAW (CONDOMINIUM BOARD OF MANAGERS, NOT INDIVIDUAL CONDOMINIUM OWNERS, ARE LIABLE FOR INJURY IN A COMMON AREA)/REAL PROPERTY LAW (LABOR LAW, CONDOMINIUMS, CONDOMINIUM BOARD OF MANAGERS, NOT INDIVIDUAL CONDOMINIUM OWNERS, ARE LIABLE FOR INJURY IN A COMMON AREA)/CONDOMINIUMS (LABOR LAW, CONDOMINIUM BOARD OF MANAGERS, NOT INDIVIDUAL CONDOMINIUM OWNERS, ARE LIABLE FOR INJURY IN A COMMON AREA)/BOARD OF MANAGERS (CONDOMINIUMS, LABOR LAW, CONDOMINIUM BOARD OF MANAGERS, NOT INDIVIDUAL CONDOMINIUM OWNERS, ARE LIABLE FOR INJURY IN A COMMON AREA)